HTC and Samsung Will Likely Sue Apple over iPhone 5

Share.

Apple could get a taste of its own medicine if the new iPhone infringes 4G LTE patents.

By Jon Fox

Apple may have come out on top in its high-profile $1.05 billion lawsuit against Samsung last month. But the iPhone 5's rumored 4G LTE capabilities could land Apple in some legal hot water when the phone debuts later this month.

HTC owns a number of patents related to 4G LTE transmission, and two of them in particular might (if upheld in court) win an import ban on Apple's latest iPad along with the iPhone 5. It's still possible the iPhone 5 won't feature LTE, though just about all rumors have indicated it will.

It's likewise possible that a court could overturn the suit and deem HTC's patents invalid, but trade Judge Thomas Pender told Bloomberg last week that he'd have to be "pretty darn certain a U.S. patent is invalid" to quash it. Because the iPhone 5 was in production before the case came to a trial, HTC would have a valid argument for an import ban on the device if the court finds infringement and upholds its patents. If HTC does win though, it will still have to file an injunction, and then of course Apple will appeal; so even an expedited verdict likely wouldn't come in time to prevent or delay a September 21 launch.

Does this mean the iPhone 5 will have a limited release? Not necessarily. Most likely, this will just give HTC a bit more leverage for a settlement with Apple, which owns 434 LTE patents itself, and currently has a number of infringement claims against HTC. Remember, it's extremely rare for trade law cases like these to make it all the way to trial.

In a similar case, Samsung could demand a ban on LTE-enabled Apple products in the US and European countries, according to the Korean Times, which quotes a "ranking official" as saying, "It's true that Samsung has decided to take immediate legal action against Apple."

Again, the chances of this case affecting the iPhone 5's consumer debut look pretty slim. But a full-scale US ban on Apple's top product is within the realm of possibility for now.

Does Apple deserve a taste of its own medicine? Or would an iPhone 5 ban just reveal how broken the patent system is? Try to keep things civil in the comments.

Jon Fox is a Seattle hipster who loves polar bears and climbing trees. You can follow him on Twitter and IGN.